关键词: 司法鉴定, 医学鉴定, 强制出庭

Abstract:

That forensic medical appraisal is conducted by hospitals designated by the provincial government not only limits the right of forensic institutions to conduct their business， resulting in confusion of the application of law， but also is unfeasible in practice. As for the legal liability for not appearing in court by an appraiser without justified reasons， the Criminal Procedure Law should not force an appraiser to appear in court， considering the relationship between a court and an appraiser， the mandatory appearance in court testimony by an appraiser， or the nature of judicial custody. The two important issues should be addressed in the Criminal Procedure Law Amendment to improve the forensic appraisal system in criminal procedure.

Key words: forensic appraisal, medical evaluation, compulsory appearance